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Frequently Asked Questions
I'm so angry right now. I don't think I can talk with my spouse.
The Collaborative process takes this into consideration and uses the teams' roles and structured agendas to make talking to your spouse easier. If you or your spouse's anger is so strong that you cannot think straight or act rationally, you may not be a good candidate for the Collaborative process. However, communication problems are expected in troubled marriages.
I feel I am clearly in the right and that in trial the judge will take my side. Why then should I opt for the Collaborative Process?
For the most part, family court judges believe it takes two to destroy a marriage. You may be disappointed if you assume you are "right" and your spouse is "wrong." By trying your case before a judge, you risk the Court's not seeing all the problems the same way you do, and you may lose control over decisions affecting the rest of your life. Judges do not have the time most people would like for them to devote to their case. Denton County, Texas, for example, has only six district courts processing thousands of divorces per year.
In the Collaborative Process, will I still get a collaborative team who will vigorously represent my interests?
Yes. Professionals are trained to advocate their client's interests no matter what the circumstances. Just like any professional you might hire, if you are not satisfied, you are free to retain other counsel.
What if my spouse and I fail to reach an agreement through our collaborative team?
The Collaborative Process contract signed by the parties and team members to begin the process requires the professionals to withdraw if no agreement is reached. The parties are then free to retain other counsel and proceed as they feel appropriate. Their collaborative teams are committed to assist in the transition. Because the early stages of any lawsuit are largely devoted to gathering relevant information, and the Collaborative Process is no exception, the parties, by agreement, can ensure that very little of the time and money expended in the Collaborative Process is wasted in the event the process fails.
What if we sign an agreement and later my spouse doesn't abide by it?
Final agreements reached through the Collaborative Process are drafted into a court order which, when signed by the judge, becomes an enforceable decree.
I'm willing to give the Collaborative Process a chance, but how do I convince my spouse?
The Collaborative Professionals listed on our members pages have independent practices but wish to offer the general public a new way of settling cases. All will exercise the independent professional judgment on behalf of their client, adhere to the Texas State Bar Code of Ethics, and follow proven guidelines for practicing The Collaborative Process. Encourage your spouse to call and independently ask questions before deciding whether this process is for him or her.
What if my spouse declines the Collaborative Process? Can I still hire one of the attorneys in the network to represent me?
Yes. All of our attorneys maintain private practices and are experienced litigators in family law.
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